Rogers had balked at counting 7,026 affidavit ballots in Suffolk because "it was unclear from the order what sort of proof was required" to determine whether a voter had been affected by the storm or had simply voted at the wrong polling place, which happens in every election, said Rogers' attorney Garrett Swenson.

Cuomo's order made no mention of voters being required to designate the storm as the reason for casting their ballots.

"Commissioner Rogers is grateful and appreciative that the judge clarified what the governor meant in his emergency order and is moving expeditiously to complete the certification process," Swenson said. He predicted that Suffolk's ballots would be certified "within a few days."